What To Do If You Fail A Drug Test While Taking CBD
Many people are concerned about CBD and drug tests. Of course this is for good reason, because drug tests are generally only conducted for probation, employment or other important purposes (with important consequences).
Well, we already shared about whether CBD will show up on a drug test or not. In short, we don’t have a 100% definitive answer, however thanks to this recent study, there is strong evidence that your chances are slim to none that CBD will show up on a drug test (99.5% pass rate with zero THC CBD). This is because drug tests look for THC/THCa, rather than CBD.
That being said, an important caveat is that most mainstream CBD products contain >0.3% THC. Although small, this amount of THC can show up on a drug test, resulting in failure. So the question is, if you’re taking CBD and you test positive on a drug test, what do you do?
Well let’s start by talking more about the nature of a drug test.
Why Would I be Drug Tested?
There are 3 main reasons you would be drug tested:
- At work (usually random)
- For Probation
What Happens If I Fail a Drug Test?
Depending on the reason for a drug test, there will be different outcomes.
Pre-Employment Drug Test Failure:
The answer is simple: You won’t be hired. But will there be any more repercussions? Most people’s fear after failing a drug test is if there will be legal issues or if they will be flagged for other employment opportunities.
There’s no need to fear legal outfall from this. There’s no “database” or other way for your prospective employer to “report” you or send your failed results to. Therefore, there’s no need to fear a record of your failure, or a knock on your door from the police.
Drug tests are highly confidential, and your possible employer can only give away your results if you have given written consent, and even then they need a very good reason to disclose them, or they may be liable.
In terms of future employment, your chances of being hired with that particular company down the road are less likely, although not impossible. They will likely keep a record of your failure in their private files.
That being said, there are two exceptions for this:
- The Department of Transportation (DOT) requires the employers of truck drivers, train engineers, and airplane pilots to report failed drug tests to future employers.
- Drug tests from pain clinics, doctor’s offices, or insurance investigations will likely go on your medical record, where they will stay for a long time, possibly indefinitely. These are private medical documents, and employers will not have access to them.
At Work Drug Test Failures:
This is a routine, often random, drug test that some employers will implement. When you fail this test, you will generally be fired, or forced to go through extensive programs or forced leave, in order to get clean.
The repercussions stated above for pre-employment drug tests are the same for at work results.
Probation Drug Test Failures:
This is a whole other issue, and it depends on the reason you are in probation, the laws of the region and the leniency of your probation officer.
A failure could result in jail time, additional probation time, community service, rehab/counseling, or fines. You could also be charged with an additional crime. The results often depend on the judge looking at your case.
A failed drug test for probation will go on record, for many years or permanently.
Preparing For a Drug Test With CBD
First of all, prevention is always the best medicine.
If you are anticipating a drug test, avoid CBD altogether, or look for guaranteed Zero THC CBD products. Make sure you can look at the lab analysis. Without certified lab results, “guaranteed” does not count for much. We have heard stories of people buying Zero THC products that indeed contain THC!
If you are an employee of a company, and you wish to use CBD but fear failing a random drug test, talk to your employer first. Explain to them that CBD and Hemp are not marijuana.
Your employer may be fine with you using CBD, especially if it is Zero THC. If this is the case, make sure to get it in writing somehow. Then in the unlikely event you have a false positive from CBD, you have a better chance of fighting it.
The same goes for probation. Talk to your officer first. especially if you have a good rapport with them. The longer you have been in probation, and the more drug tests you have passed, the more likely you will get a yes.
For pre-employment, it is a bit more difficult. You will likely be applying to many companies at once and it will be challenging to get a yes to CBD from all of them. In this case, it is best to stop CBD supplementation until you have received employment, or at the very least, only consume Zero THC CBD oils.
It is also important for you to weigh the risks and benefits of taking CBD when pertaining to drug tests. If you’re freedom is on the line, the benefits of CBD may not be worth it. Furthermore, drug tests are generally looking for THC/THCa, therefore, Zero THC CBD will greatly increase your chances of avoiding a failed drug test.
What To Do If You Fail a Drug Test With CBD
In the unlikely event you fail a drug test with CBD, don’t panic! There could be solutions.
Many people will ask for a retest. Generally when this happens, the company will simply retest the specimen (urine, blood, hair, saliva) already gathered. Therefore, your chances of getting a pass are unlikely
However, if you’re taking a Zero THC CBD product, look for their certified lab analysis, and ensure there is indeed zero THC. If this is the case, then it is likely a false positive and a retest could be beneficial.
Talk To Your Employer or Probation Officer
If you fail a drug test from CBD, and you are truly not consuming any other forms of THC or marijuana, then be honest with your employer or probation officer. Explain the situation, and see if there is a solution. The worst answer you will receive is a “no”.
Bring in your CBD oil, and some educational material about CBD and drug testing, as well as the difference between CBD and marijuana. There’s a chance they will let it slide.
Request Another Test
Another option is you can explain that you are using CBD, that it doesn’t get you high, and you would like the opportunity to take another test in 1-4 weeks so you can stop the supplement and clean it out of your system.
You could even offer to pay for the retest, as well as 2-3 more subsequent tests over the following 3-6 months to prove you are not a marijuana user.
Another option with retesting, is that Labcorp (a drug testing company) now offers a CBD/THC ratio test. This means if you fail a drug test from CBD, this test will show whether the failure is due to a CBD supplement, or marijuana use.
You could ask to have this test done as an alternative to a regular retest, and you could even offer to pay for it out of pocket. Presumably, if the test confirms you failed from CBD use, it will not be a problem, because CBD is legal and non-psychoactive.
The laws around CBD use are still vague and uncertain. When it comes to CBD and drug testing, it is best to avoid CBD, especially CBD products that contain THC.
Generally a failed drug test is a failed drug test, and it won’t matter whether it is from CBD or not. However, we have offered some creative solutions that could be useful. Take them with a grain of salt, and use your own discernment! Educating yourself is key. Do your due diligence.
An important note, is that by no means does this article substitute for legal advice. All issues related to probation or laws regarding drug testing should be consulted with a lawyer in your state or region of residence.